University of Toronto Students’ Union v. Sandra Hudson, Yolen Bollo-Kamara & Cameron Wathey

The University of Toronto Students’ Union (UTSU) is pursuing legal action against former UTSU executive director, Sandra (Sandy) Hudson, former UTSU president, Yolen Bollo-Kamara and former UTSU vice-president, internal and services, Cameron Wathey following the revelation that, following the dismissal of Ms. Hudson at the end of April 2015, she received a lump sum payment of $247,726.40 broken down as follows:

  • $7,862.58 (equal to six week’s salary) representing the Employee’s notice and entitlement as prescribed in the Employee’s Employment Agreement;
  • $136,284.72 (equal to 2 year’s salary) representing the Employee’s severance and entitlement as prescribed in the Employee’s Employment Agreement;
  • $6,552.15 (equal to five weeks’ vacation) in vacation pay;
  • $97,026.93 (equal to 1,974.5 hour of overtime at a rate of $49.14 per hour) in overtime pay

The grand total of money paid out to Ms. Hudson upon termination is $247,726.40. She also received two cheques totalling $29,782.22 (one for 208 hours of overtime and the other for 407 hours of overtime).

According to the Statement of Claim, filed on Monday, September 21, 2015, the Plaintiff claims the following against the three Defendants:

a) A declaration that the Defendants acted in a manner that was oppressive, unfairly prejudicial to and unfairly disregarded the interest of the UTSU and its members;
b) An order setting aside the April 16, 2015, Termination Agreement and attached Mutual Release signed and executed by the Defendants;

c) A declaration that the Defendants, Bollo-Kamara and Wathey, breached their fiduciary duty in agreeing to the April 16, 2015, Termination Agreement and attached Mutual Release;
d) An order setting aside the April 16, 2015, Termination Agreement and attached Mutual Release created by the breach of fiduciary duty;
e) A declaration that the Defendant, Sandra Hudson, acted in bad faith and breached the terms of her employment contract
f) A declaration that the Plaintiff had cause to terminate the Defendant, Sandra Hudson, and that no severance pay, or overtime, are owing; 
g) A declaration that the Defendants conspired to commit civil fraud
h) A declaration that the actions of the Defendants constituted civil fraud
i) An order making all of the Defendants jointly and severally liable for special damages in the sum of $277,508.62, representing amounts improperly paid to the Defendant Huson ($247,726.40 + $29,782.22);
j) Punitive damages for breach of fiduciary duty in the amount of $200,000 jointly and severally against all three defendants;
k), l), m) and n) cover further financial costs.